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(영문) 서울남부지방법원 2018.05.11 2018고단285
사기등
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

[criminal records] On July 6, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the Suwon Friwon, and the judgment became final and conclusive on July 14, 201. On October 11, 2012, the Seoul Central District Court sentenced two years and six months of imprisonment for a crime of fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on October 19, 2012.

[Criminal facts]

1. On June 26, 2009, the Defendant, in the “C” located in Seocho-gu Seoul Metropolitan Government, provided the victim D with the “E” “E” as a sales company of imported vehicles in Seocho-gu, Seoul. If the operating funds are insufficient, the Defendant would transfer the ownership of the F Povo, which is owned within the territory of the Republic of Korea, to the owner of the F Povo, and if the change is not made, the Defendant would transfer the ownership of the Povovo.

“False speech was made to the effect that it was “.”

However, the Defendant did not have any car at the time, and there was no intention or ability to provide a normal security or transfer ownership, even if the Defendant borrowed money from the injured party, since the registration certificate of the said car under the name of the Defendant was also forged.

Ultimately, the Defendant, by deceiving the victim as such, received money from the victim to H bank account in the name of G on June 26, 2009, from the victim, and acquired money from the victim.

2. The Defendant, at the same time and place as set forth in paragraph 1, presented one copy of the forged motor vehicle registration certificate, stating the name, resident registration number, and address of the Defendant, to the said D, and exercised the FN car at the same time and place as set forth in paragraph 1, even if the owner of the motor vehicle registration certificate, which is the name of the head of Seocho-gu Seoul Metropolitan Government Office

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The agreement on loan transactions for consumption and borrowing prior to the gold;

1. A motor vehicle transfer certificate (for direct transaction with the transferor and seal);

1. Automobile registration certificate;

1. The motor vehicle registration ledger;

1. A detailed statement of transaction of passbook in the G name;

1. The records of the judgment: Criminal history inquiry and investigation report (suspect A.

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